DOCSLIB.ORG

Annual Report 2018-2019

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Annual Report 2018-2019 Free Representation Unit Annual Report and Financial Statements 18 month period ended 30 September 2019 Charity Registration Number 295952 Contents Messages of support to FRU for the EGM and volunteer reception 29 April 2019 The work of the Free Representation Unit has never been more needed than it is at the moment. Obtaining effective access to justice can be daunting and beyond the financial means of many. I am, as ever, hugely grateful for the work that FRU volunteers do in the Tribunals for individual users but also the work you do spreading the word among colleagues. We all share in the task of delivering justice and our role as judges is made all the more effective by the skill, expertise and enthusiasm you bring to your voluntary service. Thank you. Ernest Sir Ernest Ryder – Senior President of Tribunals and Lord Justice of Appeals The Law Society is proud to support the work of the Free Representation Unit, which has an outstanding history of improving access to justice for those that cannot afford legal help and who are not entitled to public funding. The work that FRU volunteers do continues to be a vital life line to many in need in the face of devastating cuts to legal aid. The work done by one volunteer on one case has a far-reaching impact on the life of the client helped, as well as their family and friends. Pro bono work exemplifies the very best of the legal profession. Christina Blacklaws – President of the Law Society of England & Wales 2018 - 2019 “I would like to send my admiration and gratitude to all those who devote their free time to the invaluable work that FRU undertakes. The Unit’s success is only possible with your support, and I hope that everyone involved knows how many lives have been improved and people rescued as a result of your generosity and tenacity. Long may it continue.” The Secret Barrister Free Representation Unit Contents Reports Legal and administrative information 1 Chair’s report 3 Trustees’ report 15 Independent auditor’s report 24 Financial statements Statement of financial activities 27 Balance sheet 28 Principal accounting policies 29 Notes to the financial statements 34 The following page does not form part of the audited financial statements: List of donors 44 Free Representation Unit Legal and administrative information Patrons The Rt Hon Lady Arden of Heswall The Rt Hon Lady Black of Derwent The Rt Hon Lord Clarke of Stone-cum-Ebony The Rt Hon Lady Hallett The Rt Hon Lord Judge The Rt Hon Lord Phillips of Worth Matravers The Secret Barrister Trustees Sean Jones QC (Joint senior trustee) Michael Fealy QC (Joint senior trustee) Fenella Morris QC Alison Padfield QC The Honourable Mr Justice Johnson Management committee in the Rachel Sullivan (Chair) period from 01 November 2018 to Patrick Tomison (Secretary) 29 April 2019 Tom Phillips (Treasurer) Deborah Acquaah Howard Leithead Patrick Lyons Gemma Daly David Abbott (Ex officio as Chief Executive Officer) Management committee in the Rachel Sullivan (Chair) period from 27 October 2017 Patrick Tomison (Secretary) to 01 November 2018 Tom Phillips (Treasurer) Deborah Acquaah Howard Leithead Patrick Lyons Gemma Daly David Abbott (Ex officio as Chief Executive Officer) Chief Executive David Abbott Registered address 5th Floor Kingsbourne House, 229-231 High Holborn, London, WC1V 7DA Telephone 020 7611 9555 Website www.thefru.org.uk Charity registration number 295952 Free Representation Unit 1 Legal and administrative information Auditor Buzzacott LLP 130 Wood Street London EC2V 6DL Bankers Unity Trust Bank plc 9 Brindleyplace Birmingham B1 2HB Free Representation Unit 2 Chair’s report Period ended 30 September 2019 Background to this annual report FRU’s reporting year usually runs from 01 April until 31 March. As we reported in our previous annual report, we are in a process of transition from the current FRU charity to a new, incorporated charity. A number of legal steps are required to wind up the existing charity and transfer the assets and liabilities to the new legal entity. The target date for that transition was 01 September 2019. It is possible to extend the reporting year by up to six months, so for practical reasons the trustees decided to extend the reporting period for this report to 30 September 2019. Where this makes it difficult to compare annual data, we have tried to provide the data for the period 01 April 2018 – 31 March 2019 in addition to the full 18-month data. Patron and trustee We were delighted that in October 2018 The Secret Barrister agreed to become a FRU patron. The Secret Barrister is a junior barrister practising criminal law before the courts of England and Wales. The Secret Barrister is also an award-winning blogger who in 2018 published ‘Stories of the Law and How It's Broken’, a critique of how the criminal justice system currently functions. The trustees and staff do not know who the Secret Barrister is and, whilst it is highly unusual to appoint an anonymous patron, the Secret Barrister’s passion for the justice system and for FRU’s work is clear. We are pleased that such a high- profile member of the legal profession is able and willing to offer practical support to our work. We took the opportunity to ask our existing patrons whether they were happy to renew their relationship with FRU. We were very pleased that each patron wanted to remain in the position of patron. It is very helpful to have the endorsement of such senior judicial figures and we thank each of them for their continued commitment to FRU. We were equally delighted to hear that our trustee, Jeremy Johnson QC had been appointed as a Justice of the High Court, with effect from 1 October 2019. The appointment was made by The Queen on the recommendation of the Lord Chancellor. Jeremy has been assigned to the Queen’s Bench Division. We wish Jeremy every good wish in his new judicial career. FRU’s work Casework To assist with comparisons with previous years we have presented case data for the 12 months to the end of March 2019 and for the 18-month period of this report. Year to Year to 18 months to 31 March 2019 31 March 2018 30 September 2019 Cases % of cases Cases % of cases Cases % of cases taken referred taken referred taken referred Employment (includes self- referral) 154 31% 154 39% 214 30% Social Security 361 25% 340 30% 508 26% Criminal Injuries Compensation 0 0 0 0 1 33% 515 26% 494 32% 723 27% Free Representation Unit 3 Chair’s report Period ended 30 September 2019 Training Day Attendance Year to 31 Year to 31 18 months to March 2019 March 2018 30 Sept 2019 Employment (includes self-referral) 409 383 534 Social Security 402 481 535 811 864 1069 One of the themes of this report is the impact of our financial position on delivering our service. We know that we only scratch the surface in terms of reaching those who need tribunal representation, so we could multiply our capacity and still leave unmet need. The number of cases referred to us grew during the reporting period, both in London and Nottingham. This shows that our referral agencies continue to have confidence in our service. We are constrained by the space in the office but more importantly by the capacity of our legal officers to supervise volunteers. There is a ‘safe’ level of cases that can be supervised. During 2018 we needed to increase our income and reduce our expenditure to manage our potential deficit. We have been fortunate in recent years that our employment assistant legal officer has been funded by Trust for London. We funded our social security assistant legal officer from general income. As salaries are our largest budget heading, we took the difficult decision not to recruit a social security assistant legal officer in September 2018, on the basis that we could not afford to appoint until we had obtained specific funding for that post. We say more below about the financial aspects of this, but in terms of workload this necessary decision placed significant stress on our already busy staff. All the remaining staff members pulled together to try to maintain the service level for what we hoped would be a temporary period. The burden fell particularly on Emma Baldwin and Abou Kamara, our social security team. We trained fewer social security representatives because we realised that it would be unfair to train volunteers that we would not have the capacity to supervise. We managed to maintain the level of service in part through an increase in cases represented in Nottingham but also by the team working additional hours because they are dedicated to our volunteers and clients. We were pleased to continue our self-referral scheme for employment cases, enabling clients with more straightforward claims to apply for representation directly. This scheme is generously funded by Trust for London. The employment caseload continues to grow following the termination of employment tribunal fees, and it is useful for some clients to be able to approach us directly. 144 clients used the self-referral scheme and these cases had a higher representation rate of 43%. There are unfortunately unacceptable listing delays for employment tribunal hearings with the average waiting time between employment tribunals receiving a claim and when it is heard reached 237 days during this period and waits of up to 18 months not being uncommon. Free Representation Unit 4 Chair’s report Period ended 30 September 2019 Policy comment In representing hundreds of clients each year, we gain significant understanding of what causes clients to seek our help, how policy or organisational processes sometimes cause unnecessary problems and how these can be addressed.
Load more

Recommended publications
  • 2019 the Future of International Arbitration Agenda Tuesday, 26 March 2019
    HTTPS://LAW.KNECT365.COM/INTERNATIONAL-ARBITRATION/ 2019 THE FUTURE OF INTERNATIONAL ARBITRATION AGENDA TUESDAY, 26 MARCH 2019 08:30 - 09:00 30 mins Badge Collection & Refreshments 09:00 - 09:10 10 mins Chair’s Opening Remarks • Domitille Baizeau - Partner, LALIVE 09:10 - 10:00 50 mins Panel: Defending the Legitimacy of Arbitration • Moderator Domitille Baizeau - Partner, LALIVE • Sherina Petit - Partner, Head of International Arbitration (Asia & EMEA) and Head of India Practice, Norton Rose Fulbright LLP • Paul Key QC - Barrister, Essex Court Chambers • Christopher Boog - Partner, Schellenberg Wittmer • Outlining the threats: what attacks does arbitration face? • Are attacks on State investor arbitration spilling over commercial arbitration? • Understanding the legitimacy of those concerns / defending whilst improving the system • Arbitration vs litigation, the Pendulum swing or the import of litigation tools to arbitration (emergency relief, appellate bodies, summary proceedings, etc?) 10:00 - 11:00 60 mins Panel: Combating or Embracing Codification and ‘Soft Law’? Predictability vs Flexibility • Moderator Lucy Greenwood - Principal, Greenwood Arbitration • Patrizia Netal - Partner, KNOETZL • Nadja Jaisli Kull - Partner, Bär & Karrer AG • James Freeman - Partner, Allen & Overy • Angeline Welsh - Barrister, Matrix Chambers • Whose “Soft Law” should it be? • IBA Rules and Guidelines: too far or not far enough? • Prague Rules on Taking of Evidence: a real alternative? • Reconciling the wants and needs of the parties, counsel and arbitrators
    [Show full text]
  • Bar Directory
    BAR DIRECTORY LONDON The Chambers of William Clegg QC ATKINS CHAMBERS Specialists in all aspects of Criminal Law including Atkins Chambers all serious and complex criminal offences, 1 Atkin Building Confi scation proceedings, Extradition, Financial services, Gray’s Inn Fraud, Health and Safety, Inside Dealing, London International Criminal Law, Market Abuse, WC1R 5AT Medico-Legal, Money Laundering, T: 020 7404 0102 F: 020 7405 7456 Professional Disciplinary Tribunals, E: [email protected] Public Enquiries, Regulatory, Sports Law, DX: 1033 Lond/Chancery Ln Trading Standards and Tribunals. W: www.atkinchambers.com M: 07799 844018 (out-of-hours) Advice and representation provided from investigation Atkin Chambers is a leading set of chambers specialising in various aspects of to appellate advocacy. commercial law. It is particularly well known for its advocacy and advice on cases concerning domestic and international construction and engineering contracts and projects. However, along with this wide area of practice it has developed extensive Mr William Clegg QC Mr Timothy Kendal expertise and experience in areas such as information technology, insurance, oil and Mr Howard Godfrey QC Mr Richard Matthews gas, professional negligence, dry shipping and general commercial law. Th e quality Lord Morris of Aberavon Mr Craig Rush and strength of chambers across a number of fi elds and the international character KG, QC Mr James Ageros of its work have recently been recognised by it becoming the fi rst chambers in the Mr Peter Griffi ths QC Mr Sean Hammond United Kingdom to be granted a Queen’s Award for Enterprise in the international Mr Andrew Munday QC Miss Valerie Charbit trade category.
    [Show full text]
  • FKW82385 PRO MED.Indd
    SRA CPD: 6 hours “Excellent overall update on Bar Standards Board CPD hours media law and developments!” will also be available. (L Dreaden, BSkyB) IBC Legal Conferences in association with Reed Smith, presents the 19th annual event ProtectingProtecting thethe Book by 12th July 2013 to save MediaMedia 20132013 £200! The ultimate review of key developments in the field of media law Tuesday 17th September 2013, Grange City Hotel, London, UK Review recent case law and developments post- To be expertly chaired by: Leveson and hear detailed analysis from reputed media law experts. • Michael Skrein, Senior Media Litigation Partner, REED SMITH LLP Gain up-to-the-minute insights on the hottest issues such as: Confirmed speakers and commentators include: ✔ Privacy • Alex Bailin QC, MATRIX CHAMBERS ✔ Libel • Stephen Bolinger, EMEA Privacy Attorney, MICROSOFT • Andrew Caldecott QC, ONE BRICK COURT ✔ Data protection • Aidan Eardley, Barrister, ONE BRICK COURT ✔ Defamation Act 2013 • Dominic C Harrison, Lawyer, Legal & Compliance Department, CHANNEL 4 ✔ Contempt and reporting restrictions • Huw Morris, Head of UK Advertising, REED SMITH LLP ✔ Cloud computing • Gillian Phillips, Director of Editorial Legal Services, GUARDIAN NEWS & MEDIA LIMITED ✔ Advertising • Heather Rogers QC, DOUGHTY STREET CHAMBERS ✔ Self-regulation • Tina Sany-Davies, General Counsel, BAUER MEDIA ✔ Freedom of information • Justin Walford, Editorial Legal Counsel, THE SUN • Antony White QC, MATRIX CHAMBERS In association with: Media partners: “Very interesting Scan with smartphone
    [Show full text]
  • Who's Who Legal: Labour, Employment & Benefits 2020
    Who’s Who Legal: Labour, Employment & Benefits 2020 Labour & Employment Country Firm First Name Surname Argentina Carlos Andrés Baker McKenzie Sociedad Civil Dodds Arturo Baker McKenzie Sociedad Civil Jorge D Orlansky Beccar Varela Alvaro Galli Brons & Salas Abogados Javier A F Verstegen Estudio Ortiz y Asociados Esteban Carcavallo Funes de Rioja & Asociados Ernesto Arguello Bavio Funes de Rioja & Asociados Ignacio Funes de Rioja Funes de Rioja & Asociados Daniel Funes de Rioja Funes de Rioja & Asociados Eduardo Juan Vinales Marval O'Farrell & Mairal Diego Kelly Marval, O'Farrell & Mairal Javier Enrique Patrón Marval, O'Farrell & Mairal Enrique M Stile MBB Balado Bevilacqua Abogados Mercedes Balado Bevilacqua Mitrani, Caballero & Ruiz Moreno Abogados Julio Caballero Pérez Alati Grondona Benites & Arntsen Enrique Betemps Pérez Alati Grondona Benites & Arntsen Julio Lococo Rattagan Macchiavello Arocena Juan R Larrouy Rodríguez Mancini Arias Estudio de Abogados Juan Manuel Arias Australia Ashurst Richard Bunting Ashurst Ian Humphreys Ashurst Adrian Morris Ashurst Stephen Woodbury Baker McKenzie Paul Brown Clayton Utz Graham Smith Corrs Chambers Westgarth John Tuck Herbert Smith Freehills Graeme Smith Herbert Smith Freehills LLP Miles Bastick K & L Gates Law LLC Steven Amendola K & L Gates Law LLC Nick Ruskin Lander & Rogers Julian Riekert MinterEllison Jim Fox MinterEllison Leon Levine MinterEllison Gordon Williams People + Culture Strategies Joydeep Hor Seyfarth Shaw LLP Chris Gardner Seyfarth Shaw LLP Darren Perry Seyfarth Shaw LLP Henry
    [Show full text]
  • Margaret Keane Gravestone: Court's Written Judgment Finds Direct
    PRESS RELEASE 17 JUNE 2021 Margaret Keane Gravestone: Court’s Written Judgment Finds Direct Discrimination On Basis Of Irish Race The Arches Court Of Canterbury Has Now Handed Down Its Judgment Dated 16 June 2021 Following The Successful Appeal Hearing A Coventry family who won a landmark appeal to have “Inár gcroí go Deo” (“In Our Heart Forever”) in Irish-only on their mother’s gravestone, has welcomed the findings of the Judgment. The family of Margaret Keane was told by the Arches Court of Canterbury at the end of the appeal hearing at St Mary-le-Bow in London earlier this year that they had succeeded and the original decision would be overturned, but that the full details of the court’s reasoning and findings would be handed down later in its written Judgment. In the written Judgment dated 16 June 2021, the Arches Court of Canterbury confirmed that the decision of the Chancellor not to permit the family’s inscription in Irish-only (without an English translation) was unreasonable under the common law, and in breach of the family’s right not to be discriminated against under the Human Rights Act and Article 14 of the European Convention on Human Rights. The Judgment also directs all Diocesan Chancellors to review their Churchyard Regulations to ensure that they are not discriminatory, particularly in relation to non-English inscriptions. The Judgment states: “..we find that the effect of the Chancellor’s decision was to discriminate directly against the Appellant on the basis of her race” and that “…an assumption seems to have been made that viewers of the inscription, realising that it was in Irish, would conclude that it was a political slogan, which we have found not to be based upon evidence or any other rational footing.
    [Show full text]
  • LAPG Announces Legal Aid Lawyer of the Year Awards 2021 Finalists
    PRESS RELEASE - 19 May 2021 LAPG announces Legal Aid Lawyer of the Year awards 2021 finalists A housing barrister who is playing a leading role in challenging 'No DSS' landlords; and a solicitor who defended the parents of 'Jihadi Jack' Letts, have been honoured by this year's LALY awards judges. The pair are among 26 individuals and nine organisations chosen as finalists in the Legal Aid Practitioners Group 2021 Legal Aid Lawyer of the Year awards. 2021 sees the introduction of a new Disability Rights award: finalists selected for this inaugural award are: Amy Butler, Atkins & Palmer; Kate Jackson, MJC Law; and Kirsty Stuart, Irwin Mitchell. Organisations shortlisted this year cover a wide geographical spread, including: Watkins & Gunn, in Cardiff; Law Centre Northern Ireland, in Belfast; Family Law Company, in Exeter; and Cartwright King, in the Midlands. Chris Minnoch, CEO of LAPG, which organises the LALY awards on a not-for-profit basis to celebrate the work of social justice lawyers, says: ‘This year's finalists give an insight into the range, depth and breadth of the incredible life- changing work that social justice lawyers do - and the vital role they play in ensuring access to justice for individuals, families and communities. It is testimony to the importance of the LALY awards to the legal aid sector that we had a bumper crop of compelling and inspiring nominations this year - despite the extreme pressures we are all facing due to the pandemic.’ Finalists in the Legal Aid Barrister category are: Tessa Buchanan (Garden Court Chambers), recognised for a run of cases establishing that banning DSS tenants is discriminatory against women and disabled people; Blinne Ní Ghrálaigh (Matrix Chambers), who helped overturn the convictions of the 'Stansted 15' protestors; and Stephen Lue (Garden Court Chambers), praised for his skilful handling of complex child abduction cases.
    [Show full text]
  • For Release After 12Pm Wednesday 27 July 2011 Pro
    FOR RELEASE AFTER 12PM WEDNESDAY 27 JULY 2011 PRO BONO LEGAL REPRESENTATIVES NAMED FOR LONDON 2012 OLYMPIC AND PARALYMIC GAMES With exactly one year to go until the opening of the Games, Sport Resolutions, The Bar Council, Law Society and the British Association of Sport and Law have today announced the names of the 17 solicitors' firms and barristers’ chambers and the 19 individual advocates who have been appointed to the London 2012 Pro Bono Legal Advice and Representation Service. The final lists were selected from over 150 applications from members of the UK legal profession who offered their services during the Games. The Service is being established at the request of the London Organising Committee of the Olympic and Paralympic Games. It assembles solicitors, barristers and individual practitioners to provide free legal advice and representation from 9 July to 12 September 2012 for accredited athletes, coaches, team officials, National Olympic Committees, National Paralympic Committees and International Federations. A general service covering six areas of law is to be offered along with a sports advocacy service for athletes appearing before the ad hoc division of the International Court of Arbitration for Sport (CAS) which sits during the period of the Games. The Service is being managed by Sport Resolutions, the specialist independent dispute service, with appointments made by a Selection Committee made up of representatives from the Bar Council, Law Society and the British Association of Sport and Law. GENERAL SECTION Firm/Chambers
    [Show full text]
  • The Student's Guide to the Leading Law Firms And
    2021 The student’s guide to the leading law firms and sets in the UK e-Edition chambers-student.com Connect with us on cbaK Travers Smith is everything you could want from a law firm. First-rate training and market-leading work alongside some of the City’s finest lawyers. Prestigious clients. The opportunity to progress. And all in a supportive, non-hierarchical and inclusive environment. www.traverssmith.com 10 Snow Hill, London EC1A 2AL +44 (0) 20 7295 3000 Chambers Reports Atkin Chambers p.662 Littleton Chambers p.740 2 Bedford Row p.664 Maitland Chambers p.744 Blackstone Chambers p.668 Matrix Chambers p.748 Brick Court Chambers p.672 Monckton Chambers p.752 Cloisters Chambers p.676 4 New Square p.754 Crown Office Chambers p.680 No5 Barristers’ Chambers p.758 Devereux p.683 XXIV Old Buildings p.761 Erskine Chambers p.687 Outer Temple Chambers p.764 One Essex Court p.691 4 Pump Court p.768 5 Essex Court p.694 Pump Court Tax Chambers p.772 Essex Court Chambers p.696 Quadrant Chambers p.776 Falcon Chambers p.700 Queen Elizabeth Building QEB p.780 Farrar’s Building p.703 Radcliffe Chambers p.783 Fountain Court Chambers p.707 Serle Court p.786 Francis Taylor Building p.711 South Square p.790 Hailsham Chambers p.714 St Philips Chambers p.794 1 Hare Court p.718 4 Stone Buildings p.797 Henderson Chambers p.721 Tanfield Chambers p.801 11KBW p.724 2 Temple Gardens p.804 Keating Chambers p.728 3 Verulam Buildings p.808 7 King’s Bench Walk p.732 Wilberforce Chambers p.812 Landmark Chambers p.736 chambersstudent.co.uk Chambers Reports Chambers Reports Choosing where to apply for pupillage is hard.
    [Show full text]
  • 'A Streetfighter's Approach to Litigation and a Genuine Star' - Stars at the Bar 2017 Revealed
    NOT FOR REPRINT Click to Print or Select 'Print' in your browser menu to print this document. Page printed from: http://www.legalweek.com/sites/legalweek/2017/08/14/a-streetfighters-approach-to- litigation-and-a-genuine-star-stars-at-the-bar-2017-in-profile/ 'A streetfighter's approach to litigation and a genuine star' - Stars at the Bar 2017 revealed By Ben Rigby 14 August 2 017 Lucy Colter, Andrew Lodder, Angeline Welsh From interviews with roughly 200 solicitors, barristers, QCs and senior clerks Legal Week has identified 12 highly rated junior commercial barristers to create Stars at the Bar 2017. Here they – and those that rated them -explain what sets them apart. Harry Adamson, Blackstone Chambers, call 2013 Although relatively junior in call, solicitors say that Harry Adamson “will go far” in his chosen field of commercial disputes. With a strong international profile to his work, ranging from international arbitration to lengthy Commercial Court trials, his leaders have included the co-head of his set, Anthony Peto QC. That variety of practice in his chosen fields of fraud and commercial litigation means 2017 sees him working on cases involving a European cinema chain; a multinational components company; an internationally-known financial company; and a Caribbean hospitality company, to name but four. Solicitors love him; he makes their life much easier What marks him out as “a class act” according to those who instruct him is his ability: he is “fiendishly clever, commercial and practical,” says one lawyer; while one silk describes him as “a bit of a leader’s dream – he is very bright, responsive, unflappable and always cheerful.” “Solicitors love him; he makes their life much easier,” says one leader, not least because of his hard work.
    [Show full text]
  • Justice Annual Review 2013
    JUSTICE Annual Review 2013 Advancing access to justice, human rights and the rule of law CONTENTS A review of the year’s work 2 Strategic review 4 Human rights 6 Criminal justice 9 Access to justice 11 Justice in the European Union 13 Scotland 15 The JUSTICE Student Human Rights Network 17 Organisation and finance 18 Major events and publications 21 Briefings and papers 22 How you can help 23 Thank you! 24 Annual review 2013 JUSTICE London August 2013 Dear Reader JUSTICE is on the brink of significant and exciting change. This annual review represents the first tremors in a seismic shift as the organisation re-aligns itself to meet the grave challenges facing our justice system today. The catalyst for change has been the appointment of Andrea Coomber as our new Director. With enormous energy, Andrea has swept into JUSTICE and, with the insight only a fresh pair of eyes can bring, has carried out a comprehensive and thoughtful strategic review. The speed of the process – Andrea only took up her post in February – has in no way compromised its thoroughness. She has consulted widely and wisely, and it is a testament to her analysis that there was unanimous approval of the recommendations she presented to JUSTICE Council in June. Like a critic reviewing a Hollywood blockbuster, I’m wary about revealing the details (turn to page 4 if you can’t wait!). But I will say that Andrea’s plans involve a return to elements of the high points of JUSTICE’s past, and place our members and supporters firmly at the centre of the organisation.
    [Show full text]
  • Award on Jurisdiction the Parties Filed and the Tribunal Has Considered
    IN THE MATTER OF AN ARBITRATION UNDER THE UNCITRAL RULES BETWEEN: EUROPEAN MEDIA VENTURES S.A. Claimant ~and- THE CZECH REPUBLIC Respondent AW ARD ON JURISDICTION Arbitral Tribunal The Right Honorable Lord Mustill, Chainnan Dr Julian Lew Q.C. Professor Christopher Greenwood Q.C. Secretary to the Tribunal: Ms Jessica Mance Essex Court Chambers, 24 Lincoln's Inn Fields, London WC2A 3EG Telephone: 00 44 {0)20 7813 8000 Facsimile: 00 44 (0)20 7813 8080 Chairman of the Arbitral Tribunal Lord Mustill, Chairman Co-arbitrators Dr Julian Lew Q.C. Professor Christopher Greenwood Q.C. Secretary to the Tribunal Ms Jessica Mance BETWEEN: European Media Ventures S.A. 12, rue Leon Thyes L-2636 Luxembourg Att: George E Collins Represented by: Jeffrey M Hertzfeld, Esq; Brenda D Horrigan, Esq Sal ans 9, rue Boissy d'Anglas 75008 Paris Ladislav Starek Salans Platnerska 4 11 0 00 Praha 1 Czech Republic Claimant AND The Czech Republic Attn: Minister of Finance Letenska 15 118 10 Praha 1 ·czech Republic Represented by: Ludek Vrana Linklaters, Prague Palak Myslbek Na Pfikope 19 Prague 1, 117, 19 Czech Republic Stuart Dutson Linklaters, London One Silk Street London EC2Y 8HQ United Kingdom Zachary Douglas Matrix Chambers, Griffin Building Gray's Inn London WCIR SLM United Kingdom Respondent· 2 THE TRIBUNAL Composed as above, having considered the written and oral submissions of the Parties (see below), and After deliberation Makes the following A ward on ju,risdiction: A. INTRODUCTION l . In this· arbitration, the Claimant claims for loss and damage allegedly arising from discriminatory treatment, unfair and inequitable treatment and expropriation, relating to its investment in a Czech television station 'TV3'.
    [Show full text]
  • Profiting from Injustice: How Law-Firms, Arbitrators
    $ $ $ Profiting from injustice How law firms, arbitrators and financiers are fuelling an investment arbitration boom Profiting from injustice How law firms, arbitrators and financiers are fuelling an investment arbitration boom Authors: Pia Eberhardt & Cecilia Olivet, with contributions from Tyler Amos & Nick Buxton Editor: Helen Burley Design and illustrations: Ricardo Santos Proofreader: Simon Hodges Printer: Nouvelles Imprimeries Havaux Brussels / Amsterdam, November 2012 Published by Corporate Europe Observatory and the Transnational Institute Contents of the report may be quoted or reproduced for non-commercial purposes, provided that the source of information is acknowledged. Acknowledgements We would like to thank, amongst others, Christian Bellak, Nathalie Bernasconi-Osterwalder, Peter Fuchs, Rhea Hoffmann, Taylor St John and Erik Wesselius for discussions and insightful comments to the different drafts of the texts. We are also grateful to Pauline Gairanod for research support. We would also like to thank the German Catholic organisation for development cooperation, Misereor, Germany, for the financial support to the publication. Contents Executive summary 7 Chapter 1 Introduction 10 Chapter 2 Investment treaty disputes: Big business for the arbitration industry 12 Chapter 3 Legal vultures: Driving demand for investment arbitration 18 Chapter 4 Who guards the guardians? The conflicting interests of investment arbitrators 34 Chapter 5 Speculating on injustice: Third-party funding of investment disputes 56 Chapter 6 Academia's trojan horse: Is the arbitration industry undermining independent research? 64 Chapter 7 Conclusion & recommendations: investment arbitration - a lucrative industry built on illusions of neutrality 70 Executive summary The last two decades have witnessed the silent rise of a powerful international investment regime that has ensnared hundreds of countries and put corporate profit before human rights and the environment.
    [Show full text]